The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-05-20
Reagan's Letter.

II must answer, with great Difference tC
the opinions of the Comm issiOn, that there
are no circumstances or cases which will
Justify II in suspending section 4. 1t was
insisted by the representatives of the rail
road companies that secti n 4 was an on
clad rule which might work serious harm,
though l did not and do not think II in
human power to see hew il can do so. In
difference to the opinion of others, we put
the provision to this section that upon APP
plication to the Commission such common
carrie may in special cases, after investi-
CATION by the Commission, be authorized 10
charge less for longer than for shorter dis
tances for the transportation of passengers
and property. 1t was never suggested in
the conference committee, where this sec
ton received its final shape, or elsewhere
the. Commission might suspend the section
and adopt instead the exception for the
rule, but 1t was inserted that in case II
should turn out that the rule might work
hardship in special cases, the Commission
could under this exception give relief
against such hard hip, aud it was under
this idea that the committee inserted
the provision. ahd exception to that
rule-simply toenable the Co o. mission to re.
lieve ag Ainst injustice ia special cas- IS il it
could be made to appear that Injustice was
beng, caused by the enforcement of the
rule"
After some comment and argument Cd this
point the letter proceeds: But you may in
uulIS uOW dDOul lu0 COulcLlllUu Oh Iuo
waterways? All | w say now on that sub
ject is that it would offend the common
sense Of mankind and be criminal disre-
gard Of the rights of the people for Congress
or the Commission to so manage as to de-
prive the people of the rights of the cheaper
transportation. offered by the waterways.
This can only be done by allowing the rail-
ways to carry i1eigh,s below the cost of
transportation and then by putting unjust
exactions on way freights to make up tho
n inn Inv Nha de Nd 20 T.
depriving the people of cheap transporta-
ton. 1t is the duty OF Congress, in tho in
terest of freedom of trade, 10 guard against
plActtg restrictions and embarrassments
upon water transportation and to allow
commerce to continue 10 flow through the
natural channels Of trade. No govern IN emit
on earth would dare pass a law to prevent
the carriage of its commerce on the natural
waterways, and yet that is what, in sub
stancs; your Commission is asked to do by
the railroad companies
In concluding his letter Senator Reagan
says: have tried to show first that the
Commission has no power to suspend law
of Congress, and second, if they had, as n
matter OF discretion, the power to do so, it
would be q great wrong and injury to the
public and to n large extent would defeat
the great and Der Efficient purpose of Con.
gress to protect the people sgainst wrong
tions to the control and supervision of law,
as all other persons, natural and artificial,
are. During all the years this great ques-
ton was before Congress the paramount
issue was whether the people Of this countrv,
through the agency of Congress or the rail-
road corporations. should dictate the
policy and control the commercial interests
of the common psople. The people al last
triumphed in the passage Of this i'm portant
and fair and just law. Ever since its passage
their officers, agents, lawyers and hired
newspapers, been engaged in a most extra
ordinary conspiracy to secure the nullifica-
ton of one at least of its most important
provisions. Millions Of people, with inter.
ests involved of thousands of millions of
dollars, and with political interests far
greater than any money interest at stake,
and with bated breath, are looking earnestly |
and an xiously to see whether the Commission |
IS to be misled and their interests sacrificed. |
Dr. whether the law is to be sustained and |
heir ,psecuniary and political rights pre-